Mike Johnson Aligns with Trump and Undermines Separation of Powers

House Speaker's Dangerous Support for Trump's Attack on Judicial Oversight / Kayla Bartkowski/Getty Images

Speaker of the House Mike Johnson has recently thrown his support behind Donald Trump’s stance on judicial independence, signaling his disregard for the Constitution's separation of powers. This is not just a personal position but a broader alignment with the MAGA movement, which seeks to challenge established checks and balances.

In an exchange with CNN reporter Manu Raju, Johnson was asked about JD Vance’s recent post on X (formerly Twitter) where the Republican senator harshly criticized a federal judge for blocking Elon Musk’s Department of Government Efficiency (DOGE) from accessing Treasury Department records. Much like Trump’s previous remarks that “no judge should frankly be allowed to make that kind of decision,” Johnson echoed a similar sentiment, aligning himself with Vance and Musk in their attacks against the judiciary. He expressed agreement with Vance and even stated he had met with Musk on Monday, suggesting that the courts should “take a step back” and allow the Trump administration to move forward unimpeded.

This episode sheds light on a growing threat to the Constitution’s separation of powers, particularly the judiciary’s role in providing oversight of the executive branch. Musk and Vance’s remarks reflect a dangerous mindset that undermines judicial review — the principle that courts have the authority to determine whether laws and actions comply with the Constitution. Musk went as far as to call U.S. District Judge Paul Engelmayer “a corrupt judge protecting corruption” and demanded his impeachment. Vance, in his post, added, “If a judge tried to tell a general how to conduct a military operation, that would be illegal. If a judge tried to command the attorney general in how to use her discretion as a prosecutor, that’s also illegal. Judges aren’t allowed to control the executive’s legitimate power.”

This rhetoric is not only alarming because of its attack on judicial independence but also because it echoes broader concerns about the erosion of checks and balances. The judicial branch’s responsibility to review executive actions ensures that the president’s power is not unchecked. However, figures like Musk and Vance are leading the charge to strip this vital role away from the courts, calling into question whether the United States is headed toward a constitutional crisis.

In a related development on Monday, another judge ruled that Trump was in violation of a temporary restraining order, refusing to comply with a freeze on his funding, showcasing just how far the Trump administration is willing to go in testing the limits of executive power. With prominent Republicans aligning with Musk and Trump’s anti-judiciary stance, it appears as though there is a concerted effort to consolidate power within the executive branch at the expense of constitutional governance.

The situation is even more concerning when we consider that the Republican-controlled Congress currently lacks the two-thirds majority required to impeach judges who oppose the president’s agenda. This creates the possibility of a president who might openly defy legal rulings and constitutional limitations. With the Supreme Court already granting Trump near-total immunity, it’s unclear how much longer the checks and balances of the American political system can hold.

As we continue to witness the rise of authoritarian tendencies within the U.S. government, it becomes increasingly vital to protect the integrity of the judiciary. Without this safeguard, the very foundations of democracy could be at risk.